Giurisprudenza della Corte di Giustizia e Amministrazione nazionale: poteri, doveri e spunti per un’analisi comparata

Nowadays, a huge judicial phenomenon involves European Countries: the crisis of law. In particular, written law, as acts and regulaments, are losing importance, while case law and jugdements are enhancing their influence. Most of times, the domestic law of European countries is influnced by E.U. Court of Justice’s judgements. The European Court of Justice is very different from other courts, both domestic and international. Her original main role focused on uniform intepretation of European law. This function may be related just to intepretation of rules. But, sometimes, the Court also create rules and principles, that became self-executive in Member States. The Court of Justice, also, organised a “nomofilachia network” (as some Authors used to say), in which national courts and Public Administration provide to guarantee the uniform intepretation and application of E.U. case law. Referring to Public Administrations, three types of competences can be clearly seen: the administrative re-examination of an anti-comunitarian decision, the positive execution of European judgements (that, many times, provide to extend citizens’ rights), the competence that involve the principle of precaution. The question is: has the European Court of Justice an administrative role? Is her function internal or only international? The thesis is completed by a brief comparate analysis about Court of Justice’s role in a common law Country and a civil law Country: United Kingdom and Spain.

Grantor dc:publisher

Università degli Studi di Cagliari

Year dc:date

2015

Author dc:creator

• GIANNOTTE, ROBERTA PATRIZIA

• Corte di Giustizia
• Court of Justice
• Lucchini
• Spain
• Unione Europea
• United Kingdom
• amministrazione
• autotutela
• autotutela decisoria
• case law
• diritto amministrativo
• giurisprudenza
• jurisprudence
• precauzione
• Settore IUS/10 - Diritto Amministrativo

Statement dc:rights

• info:eu-repo/semantics/openAccess
• license:Non specificato

Language dc:language

ita

Handle dc:identifier

http://hdl.handle.net/11584/266830

OAI identifier oai:identifier

oai:iris.unica.it:11584/266830